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Bristol County District Attorney Thomas M. Quinn, III announced today that a 54 year old Norton man was sentenced to serve up to three and a half years in state prison for his fourth drunken driving conviction.
Brian Kincaid pleaded guilty in Fall River Superior Court earlier this week to a four count indictment charging him with operating under the influence of liquor, fourth offense, negligent operation of a motor vehicle, operating a motor vehicle after a license suspension for operating under the influence, assault and battery on a police officer, and resisting arrest. Assistant District Attorney Melissa Hendrie and defense attorney Paul Carlucci submitted the agreed upon plea to Judge Thomas McGuire Jr, which was accepted.
On December 3, 2016, Norton Police received a 911 call reporting a single motor vehicle crash at a Dunkin Donuts parking lot. When police arrived at the scene, a witness reported that the driver of the Toyota, identified as Brian Kincaid, was trying to leave. Officers made contact with Kincaid who was uncooperative and unable to follow their commands. Officers noticed a strong smell of alcohol on the defendant and observed a half full nip of Fireball Whiskey inside the cup holder. Faced with an intoxicated driver who refused to follow commands and refused to exit the vehicle, Officers were forced to pull Kincaid out of the vehicle. Outside of the vehicle, Kincaid became belligerent and struggled with the officers when they tried to arrest him. During an inventory search of Kincaid’s car, officers found seven empty nip bottles, two half empty nip bottles, and 13 full nip bottles. The defendant continued to be combative and assaultive towards officers during booking.
The defendant had three prior convictions for operating under the influence dating back to 1984.
“The defendant has a serious drinking problem and represents a danger to the community,” District Attorney Quinn said. “The sentence is appropriate to protect the public from the defendant’s repeated drunken driving.”
